On May 23, 2017, John Leblanc parked his vehicle at a parking lot located at 762 Kingrod Drive, while attending a dinner party with his friends. The parking lot is owned and operated by Larry's Lots Ltd. Upon entering the parking lot, there were two illuminated signs on either side of the entrance that mentioned that the lot be of paid parking. The rate of $3.00/hour or $15.00 daily maximum would apply.

John proceeded to park his car and attended to the pay station where he paid $15.00 for the maximum time and awaited for his receipt.

While waiting for his receipt to print, John saw a sign posted on the right side of the pay station,that stated " PARK AT OWN RISK, UNAUTHORIZED VECHILES MAY BE TOWED AT OWNERS EXPENSE". The receipt then printed, John retrieved the receipt, returned to his vehicle and placed it on the dash. He locked his vehicle and proceeded to the dinner party.

At the dinner party, John began to feel quite ill after eating one too many oysters. John decided to leave the party early and return home. Upon getting back to his car, John saw from a far, that there was shattered glass to the left of his vehicle, as he got closer he realized that his passenger window had been smashed. His car had been broken into and his Canada Goose Jacket and Christian Dior sunglasses were stolen. John immediately called the police and reported the incident.

The day following the occurrence, John contacted Larry's Lots Ltd to advise them of the situation, and was informed by Larry, the owner, that Larry's Lots Ltd. would not be held responsible for any lost or stolen good on the property. Larry mentioned to John that he even posted a sign indicating "PARK AT YOUR OWN RISK", and John would not be able to pursue legal action accordingly.

Exercise:

1.Has a legal contract been established in the above noted case? (1 mark)

2.If a contract was established, please answer using questions 2a & 2b.If you do not believe a contract was established provide your reasoning.

a.Each party and their connection to the contract (i.e. offeror/offeree, promisor/promise) (2 marks)

b. The four elements which establish a contract, specific to the facts as noted above (i.e. Offer, acceptance) (8 marks)

On June 1, 2018, John attends to your office and advises you of the situation, he is quite angry, especially with Larry because he gave no regard to the fact that this happened on his property. Larry even called John "blind" for not seeing the sign. As a result, John wishes to higher you to pursue legal action against Larry's Lots Limited.

3.Could John Sue Larry's Lots Ltd? Please state your reasoning? (2 marks)

4.What could John sue Larry's Lots Ltd for? (1 mark)

5.If any, what remedies can John seek? (4 marks)

6.If any, what defence could be raised by Larry's Lots Ltd? (2 Marks)

7.Could Larry be successful in claiming the sign as exclusion? Why or Why not, please state your reasoning. (2 Marks)

8.Could John challenge this exclusion clause? If so, please list the challenges that you would raise at trial. If John cannot challenge this exclusion clause, please provide reasoning (6 Marks)

9.Would you advise John to retain your services for this matter? Do you believe this claim would be successful, please state your reasoning (2 marks)